Panorama City Personal Injury Law Firm

If you've been injured because of someone else's negligence, you have the right to demand financial compensation for the losses you've endured. However, pursuing a personal injury lawsuit is no simple task. Defendants and their insurance companies are backed by armies of lawyers prepared to defend their clients. Who's looking out for you?

At Drake Law Firm, we defend personal injury victims. Where possible, we settle cases out of court so our clients can get back to their lives. If needed, however, we put together a litigation strategy and take the case to court. Either way, we defend our clients from beginning to end so they can focus on getting better.

What Is Personal Injury?

The essence of a personal injury case is negligence. When another person, company, or even a governmental agency acts irresponsibly, others can get hurt. The injury is typically physical, but it can also be psychological or emotional as well.

"Negligence" is a legal term that means failure to exercise an appropriate degree of care under the circumstances. Another way of putting it is failure to act as a reasonably prudent person would. Negligence can be displayed through a person's actions (like speeding or driving intoxicated) or through an exclusion (such as failing to eliminate a known hazard from one's business property).

To win a personal injury case, the victim must prove that the defendant was negligent. There are four particular components that are required under California legislation:

• Duty of care– The defendant must have owed a duty of care to the plaintiff. Sometimes a duty emerges out of a personal relationship between the individuals, such as physician and patient. However this isn't always required. For instance, when you drive on a highway, you owe a duty to other motorists not to be careless.
• Breach– Next, the plaintiff needs to demonstrate that the offender breached the duty of care. This is where the offender's negligent acts and/or omissions are highlighted. It also covers situations where the at-fault party breaks a law or participates in deliberate wrongdoing. Breach is generally the most contested part of a personal injury claim.
• Causation– The defendant's breach needs to actually result in injury to the plaintiff. If the offender acted negligently but didn't harm the plaintiff, this component fails.
• Damages– These are the losses for which the plaintiff will seek financial compensation. A few of the most common damages are medical costs, lost wages, lost earning capacity, and pain and suffering. The nature and quantity of damages are fiercely contested in most personal injury cases.

Potential Damages In a Personal Injury Case

The objective of a personal injury lawsuit is to make the plaintiff whole through financial compensation. This compensation is referred to as damages, and some examples are:

• Medical costs– This broad category can include everything from hospital bills and prescription medications to physical therapy and special adaptive equipment to help with a victim's day-to-day tasks.
• Lost income– While you recuperate or are hospitalized for your injuries, you will lose time from work and, with it, possibly significant amounts of money. You can ask a court to grant you damages to cover this lost income.
• Lost earning capacity– Your occupational prospects may be cut short or significantly limited after a personal injury. An expert witness can help estimate the future income you will lose out on as a result.
• Pain and suffering– These damages account for the pain and psychological trauma you will likely experience for some time to come. Although difficult to quantify, they are vital to catastrophic injury cases.
• Loss of enjoyment of day-to-day life– It might not be possible to appreciate your normal daily activities, hobbies, and other passions after a bad injury. These damages help compensate you for the loss.
• Loss of consortium– This category refers to the deprivation of the advantages of a family relationship. It includes the loss of support, community, friendship, and sexual relationship between spouses caused by the injury.
• Punitive (exemplary) damages– In rare cases, an at-fault party can be subject to punitive damages. These are intended to penalize the wrongful party and deter others from engaging in similar conduct.

Are There Time Limits to File a Personal Injury Claim?

Your right to file a claim against a negligent party will not last forever. In California, personal injury claims are subject to what's called a statute of limitations. This establishes a deadline for plaintiffs to file their claims before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock begins to run when the injury occurs.

However, it's best not to procrastinate taking action on your case. Witnesses' memories can fade over time, proof will be more difficult to obtain, and you could forget critical details if you wait too long. If you or a loved one have been injured, reach out to a committed Panorama City personal injury lawyer.

How Can the Personal Injury Attorneys of Drake Law Firm Help Me?

Suing a defendant usually means suing an insurance company, like a motor vehicle insurer. Regardless, you can count on the offender's legal representatives pushing back on your claims or making settlement offers that come nowhere close to covering your losses. You want a lawyer who not only understands California personal injury legislation, but knows how to determine a fair value for your claim.

At Drake Law Firm, we've assisted numerous personal injury clients to get the compensation they require to recover. We won't let you accept unfair treatment from other law firms and we will defend you from beginning to end. If you need help with Personal Injury Law Firm in Panorama City, California, give us a call at (844) 513-7253 for a FREE consultation or visit our website at DrakeLawGroup.com to get started on your case today! 

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